Slip and fall at a business
What to do if injured at a business
Many people assume responsibility for their injuries, claiming they “were not paying attention” or that “accidents happen.” Unfortunately, what many victims do not know is that owners and occupiers of property have a duty to make their properties as safe as reasonably possible – and some may be negligent in these duties.
According to the National Safety Council, more than 8 million people were treated in emergency rooms for fall-related injuries in 2019 alone. If an injured party slips and falls at a business, whether it be a grocery store, a shopping mall, or a restaurant, there are several things that one can do to that will help present the strongest case later:
- Seek medical attention – Safety must always come first. An injured party should consult with a medical professional as soon as possible because some injuries, like soft tissue injuries, may not present for several days. It is essential to have a doctor document injuries as early as possible.
- Fill out an accident or incident report – Some businesses and entities that are open to the public may have their own reporting procedures to document on-site injuries. An injured party should speak with an employee or manager to fill one out as soon as possible after the injury or accident.
- Examine and document the cause of the fall – An injured party should attempt to determine what caused the fall. One should also document the scene by taking photographs of any object, substance, or condition that led to the accident.
- Speak with any potential witnesses – An injured party should obtain the contact information of any potential witnesses.
- Write down everything you remember as soon as possible – Memories fade and an injured party’s recollection of events can diminish over time. Record things like what one saw, how the accident occurred, and any statements made by employees or other individuals on the premises.
- Contact an attorney – Many people believe that they can take on a slip and fall accident without the aid of an attorney. Many do so because they are worried about the cost of legal representation. However, doing so could jeopardize one’s ability to collect adequate financial compensation for their injuries.
While these steps are important to ensuring an injured party has the strongest case possible, there are certain things that one should not do after a slip and fall accident. These include:
- Signing anything – An injured party might be presented a document to sign by a business owner or manager trying to get one to waive their legal claim. Do not sign anything without first clearing it with an attorney.
- Talking more than necessary – Although it may be natural to speak out of nervousness, try not to speculate about how the accident occurred or insist no injuries occurred. Sometimes, less is more.
- Speaking with insurance adjusters – Insurance companies will pounce immediately. Do not say anything to an adjuster as it will be used to reduce the value of one’s potential claim, nor should an injured party sign a settlement agreement that will cause them to waive their right to later pursue a legal claim. Consult with an attorney who will be able to deal with the settlement-tactics from insurance companies.
Contact our firm as soon as possible at (973) 228-9898 for a free consultation. We have the knowledge and experience to help you get the results you deserve. For example, our firm was able to obtain a $4 million settlement for a woman who fell over a power cord that ran across the entrance of a Lowe’s in Turnersville, New Jersey. Our client tripped over the cord, which ran from a popcorn machine set up next to a marketing van belonging to a now-defunct electricity company, partially owned by Lowe’s, that was promoting its services.
The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Who is responsible for a slip and fall accident
Slip and fall accidents are governed under premises liability. In a typical case, an injured party must prove four things. First, the owner or occupier of land had a duty of care. Typically, in addition to establishing a duty of care, one must also establish that the owner or occupier knew or should have known of the dangerous condition that caused the injuries. Second, an injured party must prove that a property owner or occupier failed to exercise reasonable care to guard against the risk of injury. Third, one must also prove that the land owner or occupier’s failure to exercise reasonable care caused their injuries. Lastly, an injured party will also need to prove actual damages, i.e. the injuries they suffered as a result of the accident.
The general rule is that premises liability stems from the ownership, possession, or control of the real property where the dangerous condition exists. Legal title is usually sufficient to demonstrate a party’s ownership or control over the property where the dangerous condition exists. Normally, legal title is documented by deed but, in some cases, may be demonstrated by other indications of control such as an easement. Moreover, a prior owner may be subject to liability if the dangerous condition on the property arose during the period of that individual or entity’s ownership or control. An occupier of land is a person or entity that lives or operates a business on the property. This is not limited to merely owners, tenants, and lessees. In some circumstances, contractors, builders, vendors, utility companies, and holders of licenses can be held liable.
Our firm has extensive experience litigating slip and fall cases. For instance, our firm won a $890,000 jury verdict for the widow of an eighty-year-old New Jersey resident who slipped on an icy parking lot outside a grocery store. He suffered spinal injuries that caused him to suffocate and die on the spot in front of his elderly wife.
The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a business that is closed
Determining the outcome of a slip and fall case can be surprisingly complex and fact-sensitive. Although it may be more difficult, an injured party can sue a business if it has not completely dissolved or still has assets. Please contact our firm at (973) 228-9898 to discuss any possible case as time is of the essence.
The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.